602DListed NOPSEMA laws—investigation powers (general)

602D Listed NOPSEMA laws—investigation powers (general)

Offences and civil penalty provisions that are subject to investigation (1) The following are subject to investigation under Part 3 of the Regulatory Powers Act: (a) an offence against a listed NOPSEMA law; (b) a civil penalty provision that is a listed NOPSEMA law; (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to an offence against a listed NOPSEMA law.

Note 1: Part 3 of the Regulatory Powers Act creates a framework for investigating whether offences or civil penalty provisions that are subject to investigation have been committed or contravened. It includes powers of entry, search, inspection and seizure (see section 50 of that Act).

Note 2: For the listed NOPSEMA laws, see section 601.

Related provisions (2) For the purposes of Part 3 of the Regulatory Powers Act, each of the following is related to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1): (a) a provision for an offence against this Act; (b) a civil penalty provision under this Act; (c) a provision for an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act. Authorised applicant (3) For the purposes of Part 3 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised applicant in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1). Authorised person (4) For the purposes of Part 3 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised person in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1). Issuing officer (5) For the purposes of Part 3 of the Regulatory Powers Act, a magistrate, or a Judge of the Federal Circuit Court, is an issuing officer in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1). Relevant chief executive (6) For the purposes of Part 3 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1). Relevant court (7) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1): (a) the Federal Court; (b) the Federal Circuit Court; (c) the Supreme Court of a State or Territory. Person assisting (8) For the purposes of Part 3 of the Regulatory Powers Act, a NOPSEMA inspector may be assisted by a member (or members) of the staff of NOPSEMA in exercising powers or performing functions in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1). Use of force in executing a warrant (9) In executing an investigation warrant: (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances. Extension to offshore areas (10) Part 3 of the Regulatory Powers Act, as it applies in relation to an offence or civil penalty provision mentioned in subsection (1), extends to each offshore area.